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Lionel StassarDirector of the Translation Department

National Employment Office (ONEM)

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WIKIPEDIA (Advocate general) : An advocate general is a senior officer of the law. In some common law and hybrid jurisdictions the officer performs the function of a legal advisor to the government, analogous to attorneys general in other common law and hybrid jurisdictions.

For a recent discussion of the scope of Article 41 of the Charter, along with the general principles of law on respect for the rights of the defence and good administration, see the Opinion of Advocate General Bobek, Ispas, (C‑298/16, EU:C:2017:650, points 74 to 91).

EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 42018D0335 - EN - Decision (EU, Euratom) 2018/335 of the representatives of the Governments of the Member States of 28 February 2018 appointing Judges and Advocates-General to the Court of Justice // DECISION (EU, Euratom) 2018/335 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES // of 28 February 2018

10. The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose.

10. The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose.

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the ‘dialectical development’ looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs' opinion in Christos Konstantinidis ; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd , Advocate General Van Gerven put forward the proposition that ‘a national rule which in order to show that it is compatible with [Union] law ...[+++] has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls ’within the scope' of [Union] law' on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be ‘justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms’;

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the "dialectical development" looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs’ opinion in Christos Konstantinidis; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd, Advocate General Van Gerven put forward the proposition that "a national rule which in order to show that it is compatible with [Union] law ha ...[+++]s to rely on legal concepts, such as imperative requirements of public interest or public policy .falls 'within the scope' of [Union] law" on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be "justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms";

– having regard to the opinion of Advocate General Mancini in Case 352/85 Bond van Adverteerders and Others v Netherlands [1988] ECR 2085, the judgment in Case C-260/89 Elliniki Radiofonia Tileorasi (ERT-AE) [1991] ECR I-2925, the judgment and the opinion of Advocate General Van Gerven in Case C-159/90 Society for the Protection of Unborn Children Ireland Ltd [1991] ECR I-4685 and the opinion of Advocate General Jacobs in Case C-168/91 Christos Konstantinidis [1993] ECR I-1191,

– having regard to the opinion of Advocate General Mancini in Case 352/85 Bond van Adverteerders and Others v Netherlands [1988] ECR 2085, the judgment in Case C-260/89 Elliniki Radiofonia Tileorasi (ERT-AE) [1991] ECR I-2925, the judgment and the opinion of Advocate General Van Gerven in Case C-159/90 Society for the Protection of Unborn Children Ireland Ltd [1991] ECR I-4685 and the opinion of Advocate General Jacobs in Case C-168/91 Christos Konstantinidis [1993] ECR I-1191,

In that case, Poland will have a permanent Advocate-General and no longer take part in the rotation system, while the existing rotation system will involve the rotation of five Advocates-General instead of the current three.

Today Advocate General Miguel Poiares Maduro has delivered his Opinion in this case. The Advocate General points out that the refusal of a tax advantage might be regarded as a restriction contrary to the Treaty if it was principally associated with the exercise of the right to establishment.

The present Article does not contain a reference to Article 8 of the Statute relating to the Advocate General since a participation of the Advocate General in proceedings before the Community Patent Court is not foreseen.

(26) See Case C-75/97 (Maribel) Belgium v Commission, paragraphs 48 and 51; Case T-298/97 Alzetta Mauro and others v Commission, paragraphs 80 to 82; the Opinion of Advocate General Ruiz-Jarabo in Case C-310/99 Italy v Commission, paragraphs 54 and 55; and the Opinion of Advocate General Saggio in Case C-156/98 Germany v Commission, paragraph 31, which ran thus: "It should be pointed out in this respect that, with regard to a general aid scheme, to be able to determine the effect of that scheme on trade, it is sufficient if, from an ex ante assessment, it can reasonably be considered that the said effect may come about.

It is composed of the Advocate-General, the Solicitor-General and the advocates general at the Supreme Court; five attorneys-general, advocates-general and solicitors-general at the courts of appeal; 19 chief public prosecutors, and traffic magistrates attached to district and cantonal courts for a total of 250.

Before we proceed to clause-by-clause consideration of the bill, I want to let members know that we have officials in the room who can be called to the table to answer any technical questions that members might have: Colonel Mike Gibson, the Deputy Judge Advocate General of Military Justice in the Office of the Judge Advocate General; Lieutenant Colonel André Dufour, Director of Law, Military Justice - Operations, Office of the Judge Advocate General; and Lieutenant Colonel Stephen Strickey, Director of Law, Military Justice Strategic, Office of the Judge Advocate General.

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